Maternity, paternity, shared parental and adoption leave and pay Q&As

Legislation overview

A very wide range of legislation governs maternity, paternity, shared parental and adoption leave and pay. Most of the relevant legislation can be found consolidated into the Employment Rights Act 1996 or the Employment Relations Act 1999. However, the Employment Act 2002, Work and Families Act 2006, the Children and Families Act 2014 and numerous regulations have also brought in some significant changes to the law in this area. Some of the details of the rights and principles contained in the main Acts are to be found in the various implementing regulations.

The GOV.UK website provides guidance and interactive tools on maternity, paternity and adoption leave and pay.

In Northern Ireland, information on maternity, paternity, shared parental and adoption leave and pay is available on the nidirect website.

Terminology

The terminology used in this area of employment law may cause confusion. The following terms are used in these Q&As:

Right to request flexible working - refers to the right to formally request more flexible working arrangements.

Unpaid parental leave - generally refers to the current right of up to 18 weeks (13 weeks before March 2013) extra unpaid leave which is available in addition to the primary paid leave available to parents. For information on parental leave see our Parental rights and family-friendly provisions Q&As.

EWC - Expected week of childbirth/week the baby is due. The EWC is a key date that determines maternity rights. This is basically the week in which the child is expected to be born. A midwife or GP will usually calculate the due date. The week of expected childbirth is taken as starting from a Sunday. Under previous legislation the expression ‘expected week of confinement’ was used, but the terms childbirth and confinement are interchangeable. In current Government guidance the term EWC is often replaced with the week or date ‘ the baby is due'. In these Q&As the term ‘due’ is used where possible.

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Q: Do employers need to communicate with an employee's partner's employer over shared parental leave and can they refuse requests?

Q: What special rules apply to shared parental leave when babies are born early or late?

Q: What are keeping in touch (KIT) days during maternity leave and shared parental leave and what are the usual arrangements for payment?

Q: What happens if an employee is sick at the end of the period of maternity or paternity leave or shared parental leave?

Q: What happens if an employee's position becomes redundant during the maternity leave period?

Q: What other statutory claims may pregnant employees and those on maternity or shared parental leave bring against an employer who tries to dismiss or treat them less favourably as a result of exercising their rights?

Q: What discrimination claims may pregnant employees and employees on maternity leave bring against an employer under the Equality Act 2010?

Q: Is an employer taking a risk if they do not provide contractual parental leave packages to male and female employees and what claims may men bring against an employer who treats them less favourably?

Q: What time off must employers provide in relation to antenatal care?

Q: Which employees qualify for paternity leave?

Q: What paternity leave must employers provide?

Q: What notice is an employee required to give to their employer when taking paternity leave and to obtain statutory paternity pay?

Q: What statutory paternity pay and benefits must employers provide during paternity leave?

Q: What notice periods apply for delaying or cancelling the start of paternity leave or shared parental leave?

Q: What is the status of the employee's contract during paternity leave or shared parental leave absence?

Q: What happens if an employee's position becomes redundant during the shared parental leave period?